35 U.S. Code § 144 - Decision on appeal

The United States Court of Appeals for the Federal Circuit shall review the decision from which an appeal is taken on the record before the Patent and Trademark Office. Upon its determination the court shall issue to the Director its mandate and opinion, which shall be entered of record in the Patent and Trademark Office and shall govern the further proceedings in the case.

Language is changed and the last sentence of the corresponding section of existing statute omitted as superfluous; such a sentence does not appear in the present civil action section, 35 U.S.C. 63 and in either case the validity of the patent may be questioned.

1984—Pub. L. 98–620substituted provisions requiring the court to review the decision on the record before the Patent and Trademark Office and upon reaching a determination to issue its mandate and opinion to the Commissioner for provisions which required the court, on petition, to hear and determine the appeal on the evidence produced before the Patent and Trademark Office (with the decision to be confined to the points set forth in the reasons of appeal) and, upon its determination, to return to the Commissioner a certificate of its proceedings and decision.

1982—Pub. L. 97–164substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals”.

1975—Pub. L. 93–596substituted “Patent and Trademark Office” for “Patent Office” in two places.

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113effective 4 months after Nov. 29, 1999, see section
1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section
1 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–620applicable to proceedings pending in the Patent and Trademark Office on Nov. 8, 1984, and to appeals pending in the United States Court of Appeals for the Federal Circuit on such date, see section 414(c) ofPub. L. 98–620, set out as a note under section
142 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164effective Oct. 1, 1982, see section 402 ofPub. L. 97–164, set out as a note under section
171 of Title
28, Judiciary and Judicial Procedure.